PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 DA 10-1455 Released: August 9, 2010 MEDIA BUREAU ACTION COMMENT DATES ESTABLISHED FOR MAMBO PETITION FOR WAIVER OF 47 C.F.R. § 73.658(i), THE NETWORK REPRESENTATION RULE MB Docket No. 10-161 Comment Date: September 8, 2010 Reply Comment Date: September 23, 2010 Mambo, LLC (“Mambo”), which is planning to launch a Spanish-language broadcast television network (“GenTV”), has filed a petition seeking a waiver of Section 73.658(i) of the Commission’s rules (47 C.F.R. §73.658(i)) which prohibits broadcast stations from being represented by their affiliated networks in the spot sales television advertising market.1 Mambo argues that this waiver is necessary to ensure a level playing field in the U.S. Spanish-language broadcast television market because the Commission previously granted permanent waivers of this rule to the operators of competing Spanish- language networks.2 It also argues that waiver of the rule is necessary for the same reasons that those earlier waivers were granted, including the likelihood that the growth of this new foreign language network will be hampered if the waiver is not granted. We seek comment on this proposed waiver. This proceeding will be treated as “permit but disclose” for purposes of the Commission’s ex parte rules. See generally 47 C.F.R. §§ 1.1200-1.1216. As a result of the permit-but-disclose status of this proceeding, ex parte presentations will be governed by the procedures set forth in Section 1.1206 of the Commission’s rules applicable to non-restricted proceedings.3 All filings must reference MB Docket No. 10-161. Comments sent via e-mail to the Commission will be considered informal and will not be part of the official record. Comments may be filed using: (1) 1 Mambo, LLC Petition for Waiver of Section 73.658(i) of the Commission’s Rules at 1 (filed March 5, 2010); see also Mambo, LLC Supplement to Petition for Waiver (filed May 25, 2010). 2 See Amendment of § 73.658(i) of the Commission’s Rules, BC Docket No. 78-309, Report and Order, 5 FCC Rcd 7280 (1990) (granting permanent waivers of the rule to Univision Communications, Inc. and Telemundo Group, Inc.); Azteca International Corporation Petition for Waiver of Section 73.658(i) of the Commission’s Rules, Broadcast Special Relief Petition BSR-001, Order, 18 FCC Rcd. 10662 (MB 2003) (granting a permanent waiver of the rule to Azteca America); and Liberman Television LLC (Estrella TV) Petition for Waiver of Section 73.658(i) of the Commission’s Rules, MB Docket No. 09-192, Order, DA 10-774 (rel. May 6, 2010) (granting a permanent waiver of the rule to Estrella TV). 3 47 C.F.R. § 1.1206. the Commission’s Electronic Comment Filing System (ECFS), (2) the Federal Government’s eRulemaking Portal, or (3) by filing paper copies.4 · Electronic Filers: Comments may be filed electronically using the Internet by accessing the ECFS: http://www.fcc.gov/cgb/ecfs/ or the Federal eRulemaking Portal: http://www.regulations.gov. Filers should follow the instructions provided on the website for submitting comments. · For ECFS filers, in completing the transmittal screen, filers should include their full name, U.S. Postal service mailing address, and the applicable docket number: MB Docket No. 10-161. Parties may also submit an electronic comment by Internet e-mail. To get filing instructions, filers should send an e-mail to ecfs@fcc.gov, and include the following words in the body of the message: “get form”. A sample form and instructions will be sent in response. · Paper Filers: Parties who choose to file by paper must file an original and four copies of each filing. Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail (although we continue to experience delays in receiving U.S. Postal Service mail). All filings must be addressed to the Commission’s Secretary, Marlene H. Dortch, Office of the Secretary, Federal Communications Commission. · The Commission’s contractor will receive hand-delivered or messenger-delivered paper filings for the Commission’s Secretary at 236 Massachusetts Avenue, N.E., Suite 110, Washington, D.C. 20002. The filing hours at this location are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes must be disposed of before entering the building. · Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. · U.S. Postal Service first-class mail, Express Mail, and Priority Mail should be addressed to 445 12th Street, S.W., Washington, D.C. 20554. One copy of each filing must be sent to Lyle Elder, Media Bureau, lyle.elder@fcc.gov. Filings are also available for public inspection and copying during regular business hours at the FCC Reference Information Center, Portals II, 445 12th St., S.W., Room CY-A257, Washington, DC 20554, telephone (202) 418-0270. They may also be purchased from the Commission’s duplicating contractor, Best Copy and Printing, Inc., Portals II, 445 12th St., S.W., Room CY-B402, Washington, DC, 20554, telephone (202) 488-5300, facsimile (202) 488-5563, or via email at fcc@bcpiweb.com. Alternate formats of this Public Notice (computer diskette, large print, audio recording, or Braille) are available to persons with disabilities by contacting the Consumer and Governmental Affairs Bureau at (202) 418-0530 or (202) 418-0432 (TTY). For further information, contact Lyle Elder, (202) 418-2120 or Lyle.Elder@fcc.gov. Press inquiries should be directed to Janice Wise, (202) 418-8165 or Janice.Wise@fcc.gov. 4 See Electronic Filing of Documents in Rulemaking Proceedings, GC Docket No. 97-113, Report and Order, 13 FCC Rcd 11322, 11326, ¶ 8 (1998).